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(영문) 대전지방법원 2019.05.15 2018고단4688

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

On October 17, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.13% 0.13%, while under the influence of alcohol on October 17, 2018, and continued to drive the said car along the intersection in front of the boundary of D University, Seo-gu Daejeon, Seo-gu, Daejeon along a three-lane radius from the mountain-dong bank to the Do-dong bank.

Since there is a place where the center line of the yellow-ray was installed, the defendant, who is engaged in driving a car, has a duty of care to safely drive the car by driving the car well, such as accurately operating the steering boat and the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop and wait at the left-hand turn on the opposite lane of the victim E (hereinafter referred to as 22 years old) driving, waiting for the left-hand turn-hand turn-off on the opposite lane, and continued to flee without stopping the front-hand part of the Defendant’s vehicle. The witness G obstructed the car of the Defendant’s passenger car operated by him, and the said G’s left-hand part of the Defendant’s car was received as the front-hand part of the Defendant’s car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the said E, such as salt, tension, etc. in need of approximately two weeks of medical treatment, and at the same time destroyed the said E-car in an amount equivalent to KRW 5,791,78 of the repair cost, and attempted to flee without any necessary measures, such as stopping and providing relief to the victim, even though the said G’s repair cost is damaged to the extent that the repair cost is equivalent to KRW 3,129,078.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement concerning G;

1. The actual condition survey report;

1. Report on actions taken against an employer, investigation report (report on the status of an employer-employed driver), and circumstantial statement of an employer-employed driver;

1. Medical certificates, angles.